(1) The coal industry is and has been for many years an
integral part of the economic and social fabric of the state;

(2) That whole communities in this state rely in large part,
if not completely, on the coal industry for their continuing
vitality;

(3) That over the last decade changes in the mining industry
have necessitated the development of diverse mining techniques;

(4) The coal industry remains essential to economic growth and
progress in West Virginia and the United States. Coal continues to
sustain our economy and provides the financial security as future
diversity and expansion of our job base is explored;

(5) The state of West Virginia, through the division of
environmental protection, entered into an agreement on the
twenty-third day of December, one thousand nine hundred
ninety-eight, which imposed additional controls and oversight on
the states' mine permitting process by the U.S. corps of engineers,
U.S. environmental protection agency, U.S. office of surface mining
and the U.S. fish and wildlife service;

(6) The agreement of the twenty-third day of December, one
thousand nine hundred ninety-eight further authorized the division
of environmental protection, in conjunction with the U.S. environmental protection agency, the U.S. fish and wildlife
service, the U.S. army corps of engineers and the U.S. office of
surface mining to undertake a two-year study of the effects of
mountaintop mining practices which remains incomplete as of the
effective date of this article;

(7) The state has committed significant funding and other
resources to the study;

(8) The study is unprecedented in this country in its purpose
and scope;

(9) The environmental impact statement which will be prepared
upon the completion of the study may give rise to consideration of
new or revised regulations, policies, guidelines or requirements
which are untried or untested anywhere in this country;

(10) It is imperative that balance be sought between state
rules designed to regulate and protect the environment and the
state regulations designed to enhance the ability of the state to
continue to market West Virginia coal throughout the nation and the
world; and

(11) Requiring West Virginia, through new or amended policies,
regulations, enforcement or permitting actions to meet requirements
more stringent than those otherwise applicable in other states by
the federal government and unnecessary for environmental protection
would unfairly affect interstate competition for new mining development and employment opportunities.

Wherefore the Legislature finds that prior to the
implementation of any recommendation arising from the study that
the Legislature has an obligation to review the same to protect the
interests of the state and the citizens.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.